Worker’s Compensation Payments

Worker’s compensation checks should be treated just like regular paychecks. Your worker’s compensation insurance company should give you a worker’s compensation paycheck with the same regularity that it would if you were uninjured and working at the company everyday. If you were previously paid bi-weekly by your employer then your worker’s compensation payments should be received every two weeks.

When do I need to know?

If you are working part-time and only receiving partial workers compensation payments, make sure you retain your paystubs from any and all jobs you are working. Workers compensation insurance companies will not make payments until they receive all of the pertinent wage information. To avoid delay, keep your paystubs.

The general rule is that worker’s compensation payments are two-thirds of what the regular paycheck amount would be. The payments are two-thirds of the regular gross wage, which is the amount paid before taxes are taken out. Worker’s compensation benefits are untaxed, because the benefits are not considered earned income under the law.

When should I expect my check?

Worker’s compensation payments should begin shortly after the worker’s compensation insurance company receives notice of your claim, investigates the claim and determines whether you are eligible for worker’s compensation payments.

What if I am unsatisfied with my case?

If you are unsatisfied with the determination made in your case, generally both the employer and employee can pursue the appeals process. The appeal is usually heard by the state’s highest court.

If you have been injured on the job, you should seek a qualified and experienced worker’s compensation attorney. An attorney can help protect your rights, and make sure a determination is made in your favor to compensate you for your job related injury. If seeking an appeal, an attorney is essential to argue the relevant parts of the law to get the decision overturned and have a successful outcome. An attorney will also be useful in the event the worker’s compensation insurance company tries to unlawfully reduce your payments, or purposely delays your payments.